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PENGARUH METODE SAINTE LAGUE DALAM PENENTUAN ALOKASI KURSI DI DPR/DPRD PROVINSI DAN DPRD KABUPATEN/KOTA Yakub, Sandra Leoni Prakasa; Fathin, Siti Labiba
Jurnal Keadilan Pemilu Vol. 4 No. 2 (2023): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v4i2.424

The main problem of this research is the use of the Sainte Lague vote conversion method in electing members of the House of Representatives (DPR)/Regional Legislative Council (DPRD) Province or the Regional Legislative Council (DPRD) Regency/City. The application of the sainte lague method is contained in Article 415 paragraphs (2) and (3) of Law Number 7 of 2017 concerning general elections. The approach method used is normative juridical, with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results of the study show: first, in the 1999, 2004, 2009, and 2014 elections, Indonesia used the hare vote conversion method, and in the 2019 elections, Indonesia used the sainte lague vote conversion method; second, the application of the vote conversion method will actually injure human rights, the principle of popular sovereignty, the concept of democracy, and the purpose of elections. To create a democratic electoral system, the author proposes abolishing the vote conversion method and calculating the winners of the DPR/DPRD Provincial and DPRD Regency/City elections based on the majority of votes they receive.

POLEMIK PUTUSAN MAHKAMAH AGUNG DAN MAHKAMAH KONSTITUSI TERKAIT SYARAT USIA PENCALONAN KEPALA DAERAH Prakasa Yakub, Sandra Leoni
Jurnal Keadilan Pemilu Vol. 5 No. 2 (2024): Jurnal Keadilan Pemilu
Publisher : Bawaslu Provinsi Jawa Barat

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.55108/jkp.v5i2.481

The main problem in this study is the existence of different interpretations of decisions in judicial institutions testing legislation, between the Supreme Court and the Constitutional Court on the age requirements for nominating regional heads. The approach method used is normative juridical with secondary data collection methods in the form of primary, secondary, and tertiary legal materials. The results showed that when examining the theory and role of the Supreme Court and the Constitutional Court in legislation related to the authority to review laws, it is clear that the decisions of the Constitutional Court are higher. This is because its judgment refers directly to the constitution, thus integrating its decision into the legal framework. The action of the election organizers to uphold the decision of the Constitutional Court is actually a constitutional response, because the Constitutional Court Decision has a higher object and basis of testing in the hierarchy of laws and regulations. In the future, the idea of reforming the instrument or substance of the regulation and the authority of one-stop testing at the Constitutional Court is needed.

The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.

The Mechanism of Pregnant Women's Marriage Out of Wedlock at the Sindangkasih District Religious Affairs Office from the Perspective of Islamic Law and Indonesian Positive Law Septian, Muhamad; Atqia, Muhamad Reza; Laela, Novia; Yakub, Sandra Leoni Prakasa; Suryani, Santi
Jurnal El-Thawalib Vol 6, No 5 (2025)
Publisher : UIN Syekh Ali Hasan Ahmad Addary Padangsidimpuan

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.24952/el-thawalib.v6i5.17437

One phenomenon that continues to generate debate is the practice of marrying pregnant women out of wedlock. Therefore, the purpose of this study is to examine the practice of marrying pregnant women out of wedlock through a comparative analysis of Islamic law, Indonesian positive law, and their implementation at the KUA (Religious Affairs Office) in Sindangkasih District. The study used field research with a qualitative approach. Data sources included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, while secondary data sources included fiqh literature, laws and regulations, and other documents. Data collection techniques included interviews with marriage registrars, observations of administrative procedures, and searches for marriage documents, and were analyzed using qualitative descriptive techniques. The results of the study indicate differing views in fiqh, with some schools of thought permitting marriage with men who impregnate before birth, while others require a delay to maintain clarity of lineage. In positive law, Article 53 of the Compilation of Islamic Law (KHI) takes a pragmatic approach, permitting such marriages as a form of protection for children and to prevent social stigma. Field findings show variations in practice among marriage registrars due to differences in moral interpretation, social pressure, and understanding of the rules. This study concludes that harmonization among fiqh norms, state regulations, and social dynamics is key to ensuring the continued relevance and contextual applicability of Islamic family law in modern society.

Legal Standing Provision to The Community on Disputes Over The Results of Regional Elections With A Single Candidate In Constitutional Court Yakub, Sandra Leoni Prakasa Yakub; Ayuni, Qurrata
JASSP Vol. 2 No. 1 (2022)
Publisher : LPPM Universitas Lampung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.23960/jassp.v2i1.60

This article discusses Constututional Court Regulations Number 6 of 2020 which regulates parties who can be applicants in disputes over the results of Regional election with a single candidate are only candidate itself and election monitors, but ignores the right for community to become applicants. This paper argues that legal standing in disputes over the results of regional head elections with a single candidates should also be given to the community based on: community is a real subject involved in elections, and has an impact on the election of regional heads, the right to argue and actualize themselves in the democratic process, then the state should be able to open an opportunity for the public. The approach method used is normative juridical with secondary data. This paper concludes with the existence of a mechanism that provides access to the public as applicants in disputes over the results of regional elections with one pair of candidates, the community does not only play a role in choosing the options offered by the political system but is able to speak out over the circumstances created by the system.

Pembinaan Ideologi Pancasila dan Wawasan Kebangsaan Bagi Kalangan Muda di Kabupaten Wonogiri Aziz Widhi Nugroho; Retno Eko Mardani; Rengga Kusuma Putra; Satriya Nugraha; Linda Ikawati; Bagus Hermanto; Sandra Leoni Prakasa Yakub; Dian Karisma; Sitta Saraya; Dian Ratu Ayu Uswatun Khasanah
Dinamika Sosial : Jurnal Pengabdian Masyarakat dan Transformasi Kesejahteraan Vol. 2 No. 4 (2025): Desember : Dinamika Sosial : Jurnal Pengabdian Masyarakat dan Transformasi Kese
Publisher : Lembaga Pengembangan Kinerja Dosen

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62951/dinsos.v2i4.2601

A clear national insight can guarantee the achievement of national interests, both internally and externally. This means that national insight provides a clear picture and direction for the nation's survival, as well as the future development of the nation and state. The organization of national and state life must proceed on the basis of mutual agreement, namely Pancasila, the 1945 Constitution, the Unitary State of the Republic of Indonesia (NKRI), and Bhinneka Tunggal Ika (Unity in Diversity). Indonesia's existence as a state based on the rule of law (rechtstaat) based on Pancasila and the 1945 Constitution requires the development of Pancasila ideology and national insight as instruments that serve as catalysts or drivers in strengthening national insight and spirit, love of the homeland, democracy, legal awareness, respect for diversity, and participation in building a Pancasila-based nation in Wonogiri, especially among intellectuals. In accordance with its function, the Pancasila Ideology and National Insight Development organizes national, democratic, legal, multicultural and citizenship education to support the realization of citizens who are aware of their rights and obligations, as well as intelligent, skilled and have character so that they can be relied upon to build the nation and the Unitary State of the Republic of Indonesia.

Rekonfigurasi Batas Diskresi Pejabat Administrasi Pasca Undang-Undang Nomor 11 Tahun 2020 Tentang Cipta Kerja Sandra Leoni Prakasa Yakub; Santi Suryani; Fitriyani Yuliawati; Muhamad Reza Atqia; Wili Suminar
SOSIAL : Jurnal Ilmiah Pendidikan IPS Vol 4 No 1 (2026): SOSIAL: Jurnal Ilmiah Pendidikan IPS
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/sosial.v4i1.1570

This study aims to analyze the position of statutory regulations as the main limiting framework for administrative discretion in Indonesian administrative law, particularly after the enactment of Law Number 11 of 2020 on Job Creation. The main issue examined is the normative shift caused by the removal of the requirement that discretion must not contradict statutory regulations, which potentially weakens legal certainty and judicial control. This research uses a normative juridical method with a regulatory and conceptualization approach, and is supported by the theory of discretionary justice, balance of legal objectives, and good governance. The findings indicate that the elimination of formal legality requirements transforms discretion from a legally constrained authority into a broader administrative freedom, increasing the risk of abuse of power and weakening the objective standards of judicial review in administrative courts. The study concludes that such a shift undermines the core principles of the rule of law and necessitates constitutional review to restore legal certainty, accountability, and effective judicial oversight.

Religious Harmony and Identity Politics in Indonesia’s Electoral Democracy Sandra Leoni Prakasa Yakub; Santi Suryani; Faisal Fadilla Noorikhsan; Muhamad Reza Atqia; Novia Laela
SOSIAL : Jurnal Ilmiah Pendidikan IPS Vol 4 No 1 (2026): SOSIAL: Jurnal Ilmiah Pendidikan IPS
Publisher : Asosiasi Peneliti Dan Pengajar Ilmu Sosial Indonesia

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.62383/sosial.v4i1.1571

This research is driven by the increasing strength of religion-based identity politics in Indonesia’s post-reform electoral democracy, which creates a dilemma between legitimate political competition and threats to interfaith harmony. The problem formulation of this study concerns how identity politics challenges religious harmony and to what extent harmony can serve as an instrument to reduce polarization and reinforce democratic consolidation. The research questions focus on two main aspects: (1) how the dynamics of harmony are tested by the exploitation of religious issues within electoral contests, and (2) how harmonization strategies can function as social capital in maintaining democratic stability. Using a qualitative approach with a juridical-normative and socio-political framework, this study relies on a literature review involving laws and regulations, court decisions, official state documents, and national and international academic works, combined with content analysis of religiously nuanced political narratives in media and public discourse. The findings indicate that harmony is not a natural social condition but a socio-political construction that is vulnerable to instrumentalization by electoral interests. FKUB and harmony-related regulations tend to remain normative and less effective in the absence of substantive justice. Nonetheless, harmony still holds potential as strategic capital for democracy if it is developed through a framework of justice, religious political literacy, and inclusive democratic governance.

Ketegangan antara Independensi Kekuasaan Kehakiman dan Politik Pengisian Hakim Konstitusi di Indonesia Sandra Leoni Prakasa Yakub; Rengga Kusuma Putra; Lita Tyesta Addy Listya Wardhani; Fifiana Wisnaeni; Dian Karisma
PERAHU (PENERANGAN HUKUM) : JURNAL ILMU HUKUM Vol 14 No 1 (2026): PERAHU (PENERANGAN HUKUM) : Jurnal Ilmu Hukum
Publisher : Universitas Kapuas

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.51826/perahu.v14i1.1817

The appointment mechanism of constitutional court judges represents a critical intersection between judicial independence and democratic legitimacy. In Indonesia, the tripartite nomination model involving the President, the House of Representatives, and the Supreme Court was originally designed to embody checks and balances. However, recent institutional developments raise concerns regarding structural vulnerabilities within this design. This article examines whether Indonesia’s appointment model adequately safeguards judicial independence or instead generates institutional dependency. Employing normative juridical analysis combined with a functional comparative approach, the study compares Indonesia’s system with those of Germany and South Korea, both of which operate centralized constitutional review mechanisms. This article argues that Indonesia’s fragmented yet majoritarian appointment structure structurally produces appointment dependency, distinguishing it from the institutionalized political constraint models found in Germany and South Korea. While political involvement in judicial selection is not inherently incompatible with judicial independence, the absence of supermajoritarian consensus requirements and structured public scrutiny increases the risk of majoritarian capture. The article proposes a reconstruction of Indonesia’s appointment design through the introduction of qualified majority requirements and institutionalized public deliberation mechanisms. Such reforms aim to recalibrate the balance between democratic legitimacy and judicial autonomy within Indonesia’s constitutional framework.

Regional Government Policy in Efforts to Improve the People's Economy an Islamic Perspective (Study of Zapin Dance Tourism in Bengkalis District) Muhammad Ashsubli; Robithoh Alamhadi; Mohamad Ali Andrias; Sandra Leoni Prakasa Yakub
Al Qodiri : Jurnal Pendidikan, Sosial dan Keagamaan Vol. 24 No. 2 (2026): Al Qodiri: Jurnal Pendidikan, Sosial dan Keagamaan
Publisher : Universitas Islam KH. Achmad Muzakki Syah Jember

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.53515/alqodiri.v24i2.59

This study examines regional government policies in the development of Zapin Dance tourism as an effort to improve the community’s economy in Bengkalis Regency from an Islamic perspective. The research was motivated by the underutilization of cultural tourism potential in Bengkalis despite the existence of Zapin Dance as a representation of Malay-Islamic cultural identity with economic and social value. This study aimed to analyze government strategies, community participation, economic contributions, and challenges associated with the development of Zapin Dance tourism. A qualitative approach with a descriptive case study design was employed. Data were collected through semi-structured interviews, observations, and documentation involving government officials, cultural leaders, tourism activists, local business actors, and community representatives in Bengkalis Regency. The data were analyzed using thematic analysis through coding, categorization, and theme development processes. The findings revealed that the regional government has implemented several tourism development initiatives through cultural festivals, financial assistance, tourism promotion, and collaboration with cultural communities. Community participation also plays a significant role in preserving Zapin Dance traditions and supporting local tourism activities. Furthermore, Zapin Dance tourism contributes to local economic activities through small businesses, traditional handicrafts, culinary services, and tourism-related informal sectors. However, several obstacles remain, including limited funding, inadequate infrastructure, weak digital promotion, and declining youth participation in cultural preservation. From an Islamic perspective, the development of Zapin Dance tourism reflects the principle of maslahat because it supports social welfare, cultural sustainability, and the preservation of Malay-Islamic values. Therefore, stronger collaboration between government institutions, cultural communities, and tourism stakeholders is necessary to optimize the sustainability and competitiveness of Zapin Dance tourism in Bengkalis Regency.

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